MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
Mrs JJ had an apraisal at work today and was told that she needs to do more hrs. She's been with the comapany (indi estate agent) for just under a year, doing about 30hrs a week. The boss says her hrs "aren't working for the compay"
Can they make her increase her hrs?
Its a complex area. One that needs real pro advice - I shall have to say it - union?
She has a contract that cannot be altered without her consent or without good business reasons and I think they would find that hard to show to increase someones hours against their wishes has a good business reason. However they could say accept the change or face the sack.
Just under a year - she has no recourse to a tribunal (unless its discrimination) with less than a years service - with my cynical head on my guess its their way of managing her out to put her in an untenable position.
Is the firm short of work / looking to get rid of employees?
Did they actually have any concrete reason?
The firm seems to be doing ok. They reckon that she needs to do the extra hrs to complete all her work because one of the other girls ends spending time on it. The job was originally advertised as f/t but she negotiated shorter hrs before she started. Financially it makes no sense for us with the increased child care costs.
Hmmm
Well if someone else is having to finish up here work then there is an issue although the issue might be allocation of work in thst they are expecting her to do full time work in part time hours
With less than a years service you are in a poor negotiating position
If the job was advertised full time but she negotiated to part time and the firm now say its not working for them there is little she can do due to the short service.
Compromise and offer to work from home for an hour a day? State work-life balance/childcare costs etc. If she is past her probation period and the company change your contractual hours (even if the overall number stays the same) they have to give you a notice period, at the company it is approx 8 weeks though part of this might be policy rather than enforced.
Not that he needs it but just to back up what TJ is saying as being right. The key factor is the less than one year of service as this does indeed mean no recourse to a tribunal.
I'm trying to second guess how the employer would pay this one out in the event that your wife refused to accept the change to her contract. One way would be to make that role redundant, as the that role of 30 hours per week would technically be not needed, i.e. they don't need a role of 30 hours per week, they need one of 40 hours per week, even though the substance of the job would remain the same.
If they sacked her without due process or reason then without the year under her belt, she wouldn't have any recourse to sue them for unfair dismissal. She would still be protected on the grounds of discrimination against a protected characteristic though so if the office was heavily populated with men, then her gender might be considered a factor.
It's a tough one because it sounds like the employer has a genuine problem.
This may be useful
http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page19479.html
Ultimately a company can change someones contract as long as it's not unreasonable and they give 90 days notice of the change.